The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Wednesday, February 15, 2006, being the first
order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which
was received:
Your Committee on Rules has had under consideration:H. C. R. 28, Requesting the Division of Highways to name the bridge on State Route 46 in
Keyser the "Staff Sergeant Jonah Edward Kelly Bridge",H. C. R. 30, Naming the bridge located on Point Lick Drive in Campbells Creek the "Jimmie
D. Bays Bridge",H. C. R. 35, Naming the Melissa #1 bridge in Melissa, Cabell County, the "Curtis E. Pelfrey
Memorial Bridge",H. C. R. 39, Requesting the Division of Highways to name the bridge located at Howell's
Mill near Ona, the "Rimmer-White Bridge",H. C. R. 43, Requesting the Division of Highways to name the bridge on State Route 20 that spans the Little Kanawha River the "Jerry Lee Groves and Thomas Paul Anderson Memorial
Bridge",H. C. R. 44, Requesting the Division of Highways to name the truss bridge at Midkiff,
Lincoln County, the "Sanders Brothers Veterans Bridge",H. C. R. 45, Requesting the Division of Highways to name the new bridge located near
Mannington the "William Calvin Sandy Bridge",H. C. R. 46, Requesting the Division of Highways to name the bridge spanning the
Guyandotte River located on County Route 12/4 the "Robert T. (Bob) Carper Vietnam Veteran
Bridge"H. C. R. 47, Requesting the Division of Highways to name the new bridge over Little Sandy
Creek on Frame Road near Elkview the "Dewey Russell Crowder Bridge",H. C. R. 48, Requesting the Division of Highways to name the bridge which exits Davis in
Tucker County, located on Route 32, the "Thomas Patrick Memorial Bridge"
And,H. C. R. 53, Requesting the Division of Highways to name the bridge located on Route 35
in Red House, Putnam County, "The Ross Booth Memorial Bridge",
And reports the same back with the recommendation that they each be adopted.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:H. B. 2974, Eliminating a gap in employment for certain Alcoholic Beverage Control
Commission employees subject to a reduction in force and who are reemployed,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2974) was referred to
the Committee on Finance.
Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted
the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:H. B. 4445, Permitting the Director of the Division of Forestry to recover costs incurred in
fighting fires,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4445) was referred to
the Committee on Finance.
Chairman Ron Thompson, from the Committee on Banking and Insurance, submitted the
following report, which was received:
Your Committee on Banking and Insurance has had under consideration:H. B. 4498, Relating to fees for licensing of money service businesses,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4498) was referred to
the Committee on the Judiciary.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:H. B. 4031, Relating to the Purchasing Division of the Department of Administration,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4031) was referred to
the Committee on Finance.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:H. B. 4513, Permitting insurance fraud investigators to present criminal complaints directly
to a magistrate and to extend the statute of limitations for certain insurance related misdemeanors
to three years,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that it do pass, as amended, but that it first be referred to the Committee on the
Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4513) was referred to
the Committee on the Judiciary.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:H. B. 4522, Removing the Commissioner of Insurance as the attorney in fact for HMO's for
service of process purposes,
And,H. B. 4470, Updating the definition of "medicare supplement policy",
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass, and with the recommendation that second reference of the bills to the
Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bills (H. B. 4522 and H. B. 4470) to the
Committee on the Judiciary was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (H. B. 4522 and H. B. 4470) will be placed on the
Consent Calendar.
Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:H. B. 4116, Increasing the amount of timber that can be sold on state Wildlife Management
Areas, without sealed bids, from $500 to $5,000,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that it do pass, as amended, and with the recommendation that second reference
of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (H. B. 4116) to the Committee on the
Judiciary was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 4116) will be placed on the Consent
Calendar.
Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted
the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:H. B. 3119, Providing that the Division of Natural Resources may not reduce the habitat land
acreage available for hunting and shooting,
And,H. B. 4456, Allowing a more efficient and effective means of trapping beaver for either
recreational purposes or nuisance wildlife control,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that it do pass, as amended, but that it first be referred to the Committee on the
Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 3119 and H. B. 4456)
were referred to the Committee on the Judiciary.
Chairman DeLong, from the Committee on Veterans Affairs and Homeland Security, submitted the following report, which was received:
Your Committee on Veterans Affairs and Homeland Security has had under consideration:H. B. 4283, Providing a preference to West Virginia veterans in the awarding of state
contracts in the competitive bidding process,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, and with the recommendation that second reference of the bill to the Committee on
Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 4283) to the Committee on Finance
was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 4283) will be placed on the Consent
Calendar.
Chairman DeLong, from the Committee on Veterans Affairs and Homeland Security,
submitted the following report, which was received:
Your Committee on Veterans Affairs and Homeland Security has had under consideration:H. B. 4486, Setting the salary of the Adjutant General at the pay and allowance of an officer
of the same rank on active duty; minimum base pay for members of the National Guard and
providing tuition payment for the cost of post-graduate courses,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4486) was referred to
the Committee on Finance.
Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:H. B. 4484, Extending the time for the county commission of Marion County, West Virginia, to meet as a levying body,
And,S. B. 505, Extending time for Fairmont city council to meet as levying body,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass, and with the recommendation that second reference of the bills to the
Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bills (H. B. 4484 and S. B. 505) to the
Committee on the Judiciary was abrogated, and the bills were placed on the Local Calendar.

Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage ofS. B. 556 - "A Bill to amend and reenact §20-5-15 of the Code of West Virginia, 1931, as
amended, relating to operational contracts within the state parks and public recreational system;
amending the requirement of prior legislative approval and authorization; and requiring legislative
notice"; which was referred to the Committee on Government Organization.

Resolutions Introduced

Delegate Blair offered the following resolution, which was read by its title and referred to
the Committee on Rules:H. C. R. 55 - "Requesting the Joint Committee on Government and Finance study how the
divorce and custody laws of West Virginia prevent or hinder fathers from being involved in raising
their children and the impact of children being raised without a father as an integral part of their
lives."
Whereas, The rate of divorce in the state and the nation has substantially increased on an
annual basis in recent years;
Whereas, Divorce and custody laws have prevented fathers from being involved in raising their children; and
Whereas, The phenomenon of children not being raised by their fathers has had a negative
impact on these children; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the
impact that West Virginia's divorce and custody laws have had on preventing and hindering fathers
from being involved in raising their children and the impact on children of not being raised with a
father as an integral part of their lives in these circumstances; and, be it Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2007, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be itFurther Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Mr. Speaker, Mr. Kiss, and Delegates Spencer, Amores, Wells, Palumbo, Ashley, Evans, G.
White, Staton, Louisos, Frederick, Houston, Perry, Wysong, Schoen, Sobonya, Williams, Paxton,
Rick Thompson, Barker, Pino, Tabb, Varner, Porter, Overington, Schadler, Trump, Leggett, Perdue,
Carmichael, DeLong, Blair, Romine, Michael, Proudfoot, Campbell, Webster, Ennis, Mahan,
Iaquinta, Duke, Stephens, Moore, Azinger, Browning, Fragale, Beane, Hunt, Doyle, Long, Roberts,
Brown, Marshall and Walters offered the following resolution, which was read by its title and
referred to the Committee on Rules:H. R. 21 - "Condemning the persecution and repression of members of the Baha'i faith by
the Iranian government."
Whereas, America and the world are increasingly alarmed and appalled at the persecution
and severe repression of the Baha'is in Iran; and
Whereas, It has been documented that in the past men and women, without public announced charges or a public trial, were hanged, apparently for the mere crime of adherence to the
Baha'i faith; and
Whereas, Prominent members of the Baha'i faith have been assassinated or executed. All
Baha'i holy places, properties and cemeteries have been confiscated or destroyed; and
Whereas, The practices by the Iranian government clearly violated its obligation under
international human rights law; therefore, be itResolved by the House of Delegates:That this House express its shock at the present program. We ask the Iranian Leadership to
acknowledge and abide by its obligations under international human rights law and put a stop to
these practices; and, be it Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Spiritual Assembly of the Baha'is of Charleston, WV.
Mr. Speaker, Mr. Kiss, and Delegates Hatfield, Anderson, Argento, Armstead, Ashley,
Azinger, Barker, Beach, Blair, Boggs, Brown, Browning, Butcher, Campbell, Cann, Canterbury,
Caputo, Carmichael, Craig, Crosier, DeLong, Doyle, Duke, Eldridge, Ellem, Evans, Fragale,
Frederick, Frich, Hamilton, Hartman, Hatfield, Houston, Howard, Hrutkay, Hunt, Iaquinta, Kominar,
Leach, Leggett, Long, Longstreth, Louisos, Mahan, Manchin, Marshall, Martin, Michael, Miley,
Moore, Morgan, Palumbo, Paxton, Perdue, Perry, Pethtel, Poling, Porter, Roberts, Romine, Rowan,
Schoen, Sobonya, Spencer, Stalnaker, Staton, Stemple, Stephens, Stevens, Sumner, Susman, Tabb,
Talbott, Tansill, Rick Thompson, Ron Thompson, Wakim, Webster, Wells, G. White, Williams and
Wysong offered the following resolution, which was read by its title and referred to the Committee
on Rules:H. R. 22 - "Designating February 24, 2006, as 'Social Work Day'."
Whereas, Social workers have the right education and experience to strengthen and guide
individuals, families and communities through complex issues and choices; and
Whereas, Social workers bridge the gap for individuals, families, and communities to available resources and services; and
Whereas, Social workers are dedicated to improving the society in which we live through
the shaping of numerous programs and policies; and
Whereas, Social workers are positive and compassionate individuals who make a significant
impact on the well-being of society; and
Whereas, Social workers stand up for others in overcoming adversities to insure everyone
has access to the same basic rights, protections, and opportunities; and
Whereas, Social workers help people help themselves in many settings, including private
practices, family counseling centers, courts, nursing homes, hospices, mental and behavioral health
clinics, child welfare agencies, hospitals, schools, universities, prisons, corporations, legislatures,
public and private agencies; and
Whereas, Social workers have been the driving force behind important social movements
in the United States and abroad, continuing today with the theme "Help Starts Here"; therefore, be
itResolved by the House of Delegates:That the House of Delegates hereby designates February 24, 2006, as "Social Work Day" in
recognition of professional social workers and their commitment and dedication to individuals,
families, and communities everywhere though legislative advocacy, service delivery, research, and
education; and, be itFurther Resolved, That the House of Delegates invites all members of the West Virginia
Legislature and all citizens of the great State of West Virginia to join it in recognizing and
celebrating the many dedicated professional social workers and students of social work within our
midst and across the state; and, be it Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the West Virginia Chapter of the National Association of Social Workers.
Mr. Speaker, Mr. Kiss, and Delegate Staton offered the following resolution, which was read by the Clerk as follows:H. R.23 - "Recognizing the 15th Anniversary of USS West Virginia (SSBN 738)."
Whereas, On October 20, 2005, the Officers and Crew of USS West Virginia (SSBN 738)
celebrated the 15th Anniversary of the Ballistic Missile Trident Submarine; and
Whereas, The USS West Virginia (SSBN 738) is home ported in Kings Bay, Georgia, and
was commissioned October 20, 1990. It is the first submarine and the third U.S. Naval ship to bear
the name of our State. The USS West Virginia (ACR-5), was commissioned in 1905 and the USS
West Virginia (BB 48), was commissioned in 1923; and
Whereas, The USS West Virginia (SSBN 738), is 560 feet long, displaces 18,750 tons
submerged, carries the Navy's sixth generation Fleet Ballistic Missile System, and provides the
Nation's most survivable and enduring nuclear strike capability, and has served as a significant
deterrent to aggression and major war; and
Whereas, The USS West Virginia (SSBN 738)has two crews of 168 men, named the Blue
and Gold, which represent the official colors of the State of West Virginia; and
Whereas, We are proud of the USS West Virginia (SSBN 738), its Commanding Officer,
CDR Doug Arnold and her crew members, who are professionals who uphold their sworn duties to
protect our Nation from all enemies, foreign and domestic; and
Whereas, We are honored and privileged that the crew of the Silent Service calls themselves
Mountaineers and have adopted the State's motto of Montani Semper Liberi, Mountaineers Are
Always Free; therefore, be itResolved by the House of Delegates:That the House hereby recognizes the 15th Anniversary of the USS West Virginia (SSBN 738,
the first submarine and the third U.S. Navy ship to bear our State's name; and, be itFurther Resolved, That the House of Delegates expresses its appreciation to the commanding
officer and crew of the USS West Virginia (SSBN 738) for their dedication and commitment to
protect our Nation from all enemies, foreign and domestic, and who help deter aggression around the globe; and, be itFurther Resolved, That the Clerk of the House of Delegates prepare a certified copy of this
resolution for the Commanding Officer of the USS West Virginia (SSBN), CDR Douglas Arnold.
At the request of Delegate Staton, and by unanimous consent, reference of the resolution (H.
R. 23) to a committee was dispensed with, and it was taken up for immediate consideration.
The question now being on the adoption of the resolution, the yeas and nays were demanded,
which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 109), and there were--yeas
94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Anderson, Brown, Caputo, Ennis, Ferrell and Perdue.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. R. 23) adopted.

Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:By Delegate Michael:H. B. 4584 - "A Bill to amend and reenact §11-14C-2 of the Code of West Virginia, 1931,
as amended, relating to the Motor Fuel Excise Tax; amending the definition of "person" to include
responsible persons"; to the Committee on Finance.By Delegates Susman, Mahan, Houston, Leach and Poling:
H. B. 4585 - "A Bill to amend and reenact §49-5-13 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §61-8B-9 of said code, all relating to sexual abuse by a juvenile
between the ages of twelve and fourteen; providing a criminal penalty for violations; and, requiring
treatment to address responsibility for the act"; to the Committee on the Judiciary.

H. B. 4586 - "A Bill to amend and reenact §18A-4-1 of the Code of West Virginia, 1931,
as amended, relating to requiring graduate work completed by teachers for advanced salary
classification to be limited to course offerings in a degree program in the field of education or subject
areas in which certification is granted; exceptions"; to the Committee on Education then Finance.By Delegates Staton, Mahan and Browning:
H. B. 4587 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §46A-6L-1, §46A-6L-2, §46A-6L-3, §46A-6L-4 and §46A-6L-5,
all relating to telephone solicitation of consumers; and establishing a 'Do Not Call' list"; to the
Committee on the Judiciary then Finance.By Delegates Carmichael and Armstead:H. B. 4588 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-2-5a, relating to creating a crime for concealing a human body
of a victim of a murder, voluntary manslaughter or involuntary manslaughter and prescribing
penalties therefor; and providing a misdemeanor offense for failure to report personal knowledge
involving the concealment of a human body of a victim of murder, voluntary manslaughter or
involuntary manslaughter and prescribing penalties therefor"; to the Committee on the Judiciary.By Delegates Campbell and Canterbury:H. B. 4589 - "A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931,
as amended, relating to clarifying the penalty provisions regarding battery on a police officer"; to the
Committee on the Judiciary.By Delegates Craig, Morgan and Leach:
H. B. 4590 - "A Bill to amend and reenact §31-20-10 of the Code of West Virginia, 1931,
as amended, relating to requiring the state to pay incarceration fees related to inmates who were
arrested by the State Police at the same rate the counties pay"; to the Committee on the Judiciary
then Finance.By Delegates Campbell, Canterbury, Williams and Stalnaker:H. B. 4591 - "A Bill to amend and reenact §11-21-21 of the Code of West Virginia, 1931,
as amended, relating to increasing the homestead exemption for low-income taxpayers who qualify
for the homestead exemption for ad valorem property taxation purposes by ten thousand dollars";
to the Committee on the Judiciary then Finance.

H. B. 4592 - "A Bill to amend and reenact §15-2A-9 and §15-2A-10 of the Code of West
Virginia, 1931, as amended, all relating to providing that a State Policeman who retires on a
disability pension for an injury incurred in the performance of duty will continue to receive a
disability pension after age fifty-five instead of having the pension converted to a regular retirement
pension"; to the Committee on Pensions and Retirement then Finance.By Delegates Campbell, Williams, Beach, Duke, Tabb, Paxton, Perry and Spencer:
H. B. 4593 - "A Bill to amend and reenact §18A-3-1a of the Code of West Virginia, 1931,
as amended, relating to requiring state board rule for approval and operation of alternative
preparation programs for teachers to obtain additional certification area endorsements; and report
to oversight commission"; to the Committee on Education.By Delegate Michael:
H. B. 4594 - "A Bill to amend and reenact §11-10-11 of the Code of West Virginia, 1931,
as amended, relating to authorizing the tax department to collect the cost of federal refund offset fees
from the tax debtor; and, creating fund and authorizing expenditure of proceeds in the fund by the
tax department in the administration of its office"; to the Committee on Government Organization
then Finance.By Delegates Michael, Williams, Kominar, Stalnaker, H. White, G. White and Ashley:H. B. 4595 - " A Bill to amend and reenact §12-6C-7 and §12-6C-9 of the Code of West
Virginia, 1931, as amended, all relating to authorizing the Board of Treasury Investments to retain,
rather than require it to retain, one employee with a chartered financial analyst designation or an employee who is a certified treasury manager; removing the restriction on investing in
mortgage-backed securities; and adding certificates of deposit as an investment."; to the Committee
on Government Organization then Finance.By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 4596 - "A Bill to amend and reenact §22A-1-3 of the Code of West Virginia, 1931,
as amended, relating to the Director of the Office of Miners' Health, Safety and Training; providing
the Secretary of the Department of Commerce as Interim Director; amending the qualifications of
the Director of the Office of Miners' Health, Safety and Training; and providing the qualifications
of the acting Director of the Office of Miners' Health, Safety and Training"; to the Committee on
the Judiciary.By Delegate Carmichael:
H. B. 4597 - "A Bill to amend and reenact §5-10-22 of the Code of West Virginia, 1931, as
amended, relating to the calculation of legislative service for retirement benefits for members of the
Legislature"; to the Committee on Pensions and Retirement then Finance.By Delegate Michael:
H. B. 4598 - "A Bill to amend and reenact §11-10-5w of the Code of West Virginia, 1931,
as amended; to amend and reenact §11-1C-14 of said code; and to amend and reenact §11-13A-3a
of said code, all relating to information provided on oil and gas property tax returns, and eliminating
by the first day of July, two thousand six, the requirement for a combined oil and gas property tax
return"; to the Committee on the Judiciary then Finance.By Delegate Michael:
H. B. 4599 - "A Bill to amend and reenact §11-21-21 of the Code of West Virginia, 1931,
as amended, relating to personal income tax; and subjecting the refundable senior citizen's tax credit
to a three year statute of limitations for filing a claim for refund"; to the Committee on Finance.By Delegate Michael:
H. B. 4600 - "A Bill to amend and reenact §11-9-2a of the Code of West Virginia, 1931, as
amended, relating to criminal investigation and special audits divisions of State Tax Division;
eliminating restrictions against criminal investigation division investigations pertaining to taxes, fees
or credits imposed or allowed under the personal income tax and against special audits division
audits or examinations pertaining to taxes, fees or credits imposed or allowed under the personal
income tax"; to the Committee on the Judiciary then Finance.By Delegate Michael:
H. B. 4601 - "A Bill to amend and reenact §11-6-25 of the Code of West Virginia, 1931, as
amended, relating to increasing from one and three-eights percent to two percent of the tax collected
for the special operating fund in order to allow the Tax Commissioner to adequately defend
assessments issued in accordance with article six, chapter eleven of this code"; to the Committee on
Finance.By Delegates Long, Frederick, Porter and Moore:
H. B. 4602 - "A Bill to amend and reenact §17-16A-6 and §17-16A-13 of the Code of West
Virginia, 1931, as amended, all relating to the rate of tolls charged and collected by the West
Virginia Parkways, Economic Development and Tourism Authority; limiting the power of the
authority to fix and establish the rate of tolls; and providing for a fixed rate and amount of tolls
charged"; to the Committee on Government Organization then Finance.By Delegates Campbell and Williams:
H. B. 4603 - "A Bill to amend and reenact §18B-17-2 and §18B-17-3 of the Code of West
Virginia, 1931, as amended, all relating to authorizing rules for the Higher Education Policy
Commission and the West Virginia Council for Community and Technical College Education
regarding authorization of degree granting institutions"; to the Committee on Education.

* * * * * * * * * * * * * * * * * * * * *

Delegate Louisos moved, under the provisions of House Rule 82, that the Committee on the
Judiciary be discharged from consideration of H. B. 4374, providing for the election of Public Service Commissioners.
On this question, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 110), and there were--yeas
23, nays 74, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Armstead, Blair, Border, Canterbury, Carmichael, Duke, Ellem, Frich, Hall, Hamilton,
Lane, Louisos, Overington, Porter, Roberts, Rowan, Schadler, Schoen, Stevens, Sumner, Trump,
Wakim and Walters.
Absent and Not Voting: Anderson, Brown and Ferrell.
So, a majority of the members present and voting not having voted in the affirmative, the
motion to discharge did not prevail.

Consent Calendar

The Clerk announced that, pursuant to House Rule 70a, the following requests had been filed
with him for the removal of bills from the Consent Calendar to the House Calendar:Com. Sub. for H. B. 4073, Establishing the crime of trafficking of persons; on first reading,
Consent Calendar, to the Special Calendar, by Delegate Trump.

Second Reading

The following bills on second reading, coming up in regular order, were each read a second
time and ordered to engrossment and third reading:Com. Sub. for H. B. 4272, Clarifying the language regarding requirements for a Class BG
stamp,
And, Com. Sub. for H. B. 4482, Providing for the filing of affidavits of heirship with deed
records and to require that the estate be administered before the heirs can deed the property to
someone else.

First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:Com. Sub. for H. B. 2548, The Diabetes Care Plan Act,Com. Sub. for H. B. 4291, Relating to the consideration of aggravated circumstances of
neglect and abuse committed against children in the same household or blended family,H. B. 4341, Requiring that instructional support and enhancement days are held twice before
December thirty-first, and three times after January first of the instructional term,Com. Sub. for H. B. 4481, Establishing a permissive provision for using ballot-scanning
devices for election night tabulations,
And,H. B. 4550, Clarifying current law requiring legislative approval of final designation of
streams of special concern.

Special Calendar

Unfinished Business

The following resolutions coming up in regular order, as unfinished business, were reported
by the Clerk and adopted:H. C. R. 49, Requesting the Division of Highways to name the bridge at the junction of
Route 65 and Route 49 in Matewan, the "Earl Stafford Memorial Bridge"
And, H. C. R. 50, Requesting the Division of Highways to name the bridge on US Route 119 at
Miller's Creek, the "Arnold J. Starr Memorial Bridge".Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.

Second Reading

Com. Sub. for H. B. 4120, Authorizing the termination of water service for delinquent sewer
bills where the sewer service is provided by a Homeowners' Association; on second reading, coming
up in regular order, was read a second time and ordered to engrossment and third reading.

First Reading

The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:Com. Sub. for H. B. 3258, Permitting the sale of nonintoxicating beer within a certain
distance from a church that consents to the sale,H. B. 4018, Relating to the community corrections subcommittee of the Governor's
Committee on Crime, Delinquency and Correction,H. B. 4075, Relating to the dedication of moneys to the Regional Jail Partial Reimbursement
Fund,Com. Sub. for H. B. 4243, Relating to salvage certificates for certain wrecked vehicles, H. B. 4406, Removing the requirement to evaluate certain classroom teachers at least every
three years,H. B. 4458, Relating to the sale of bulk data in electronic format from the Uniform
Commercial Code and Corporation Data Bases.H. B. 4479, Relating to Manufactured Housing Construction and Safety Standards,Com. Sub. for H. B. 4483, Prohibiting the use of a fictitious name in the conduct of business
with intent to misrepresent the geographic origin or location of the business as an Unfair Trade
Practice,
And,Com. Sub. for H. B. 4073, Establishing the crime of trafficking of persons.

Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Anderson, Brown and Ferrell.

Miscellaneous Business

Delegate Boggs announced that he was absent on Wednesday, February 15, 2006, when the
vote was taken on Roll No. 107 and that had he been present, he could have voted "Nay" thereon.
Delegate Perdue announced that he was absent in earlier proceedings when the vote was
taken on Roll No. 109 and that had he been present, he would have voted "Yea" thereon.
Delegate Manchin asked and obtained unanimous consent that the remarks of Delegates
Talbott and Hatfield concerning a political handout which had been placed on the members' desks
be printed in the Appendix to the Journal.
Delegate Manchin also asked and obtained unanimous consent that the remarks of Delegate
Webster regarding a newspaper article concerning parental notification in cases of an unemancipated
minor seeking an abortion be printed in the Appendix to the Journal.
Delegate Manchin also asked and obtained unanimous consent that the remarks of Delegate
DeLong concerning a Veterans' Checkoff Option for income tax assistance to those who served
during the Iraqi and Middle Eastern Conflicts and military family relief be printed in the Appendix
to the Journal.
Delegate Frich asked and obtained unanimous consent that the remarks of Delegate Duke
regarding H. B. 4292, relating to the modification of group accident and sickness insurance
requirements, be printed in the Appendix to the Journal.
Delegate Border asked and obtained unanimous consent that the remarks of Delegate Ashley
regarding gasoline tax and Governor's authority to impose a freeze thereon be printed in the
Appendix to the Journal.
At 12:46 p.m., the House of Delegates adjourned until 10:00 a.m., Friday, February 17, 2006.